Judging at the interface : deference to state decision-making authority in international adjudication /

Judging at the interface : deference to state decision-making authority in international adjudication /

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Bibliographic Details
Author / Creator:	Shirlow, Esmé, author.
Imprint:	Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2021. ©2021
Description:	1 online resource (xlii, 338 pages) : illustrations
Language:	English
Subject:	Arbitration (International law) Judicial process. Deference (Law) Jurisdiction (International law) Judicial review. Arbitration (International law) Deference (Law) Judicial process Judicial review Jurisdiction (International law) Electronic books.
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/12573173

Hidden Bibliographic Details
ISBN:	9781108856805 1108856802 9781108867108 1108867103 9781108490979
Notes:	Includes bibliographical references and index. Description based on online resource; title from digital title page (viewed on March 06, 2021).
Summary:	"Introduction Deference and the International Adjudication of Private Property Disputes While working as a government lawyer in 2011, a letter came into our office advising that the Philip Morris tobacco company had decided to sue Australia under a bilateral investment treaty. The company contended that Australia's tobacco plain packaging requirements breached its intellectual property rights, entitling it to billions of dollars in compensation under international law. This news was not particularly shocking to the small team of which I was part, which had been assembled within the government's Office of International Law to respond to these types of claims. The news was shocking, though, to the wider Australian community. Over the ensuing months, the community's disbelief became better-articulated in the press: How can an international tribunal sit in judgment over a measure which the Australian Parliament had decided was in the public interest after extensive scientific enquiry and public consultation? Could an international tribunal really reverse the finding of Australia's highest court that the legislation was lawful?"--
Other form:	Print version: Shirlow, Esmé. Judging at the interface Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2020. 9781108490979

Description
Summary:	This book explores how the Permanent Court of International Justice, the International Court of Justice, the European Court of Human Rights, and investment treaty tribunals have used deference to recognise the decision making authority of States. It analyses the approaches to deference taken by these four international courts and tribunals in 1,714 decisions produced between 1924 and 2019 concerning alleged State interferences with private property. The book identifies a large number of techniques capable of achieving deference to domestic decision-making in international adjudication. It groups these techniques to identify seven distinct 'modes' of deference reflecting differently structured relationships between international adjudicators and domestic decision-makers. These differing approaches to deference are shown to hold systemic significance. They reveal the shifting nature and structure of adjudication under international law and its relationship to domestic decision making authority.
Physical Description:	1 online resource (xlii, 338 pages) : illustrations
Bibliography:	Includes bibliographical references and index.
ISBN:	9781108856805 1108856802 9781108867108 1108867103 9781108490979